Almost everyone in Germany now works "from home" – but hardly anyone knows what that actually means legally.
There's a world of difference between teleworking and working from home: one term is clearly defined by law, the other is merely everyday language. Confusing the two can lead to problems with insurance, equipment, and responsibilities.
It's high time to finally bring order to the chaos of terminology.
What is the difference according to German law?
Teleworking – legally defined
In Germany, "teleworking" is defined in the Workplace Ordinance (§ 2 para. 7 ArbStättV) as the employer setting up and operating permanently installed screen workstations in the private area of the employees.
This means: Equipment (furniture, technology) is provided by the employer, an agreement is reached with the employee, and the setup is permanent.
From my point of view: If you as an employer say "teleworking", then you must take this obligation seriously – otherwise, formally speaking, it is more like working from home, with all its risks.
Home office – not a legal term
In contrast, there is no specific legal definition for "home office" in Germany. The term is frequently used in everyday language to mean "working from home," often without the equipment requirements or formal agreements that apply to teleworking.
My opinion: Many people interpret working from home too loosely. Anyone who works from home permanently should check whether it actually constitutes teleworking – for the sake of clarity for both employers and employees.
Teleworking or working from home – which really suits you?
| aspect | Working remotely | working from home |
|---|---|---|
| Legal basis | Section 2 Paragraph 7 of the Workplace Ordinance – clearly regulated | No separate legal term |
| Furnishings | Employer provides permanent job | Often flexible, e.g., laptop on the home desk |
| Employer responsibility | High (Technology, Ergonomics, Risk Assessment) | Less formally regulated; often shared responsibility |
| equipment | Furnishings and technology provided by the employer | Partly by the employee or mixed |
| Insurance coverage | Clearly regulated – employer provides protection | Often a gray area: e.g., with private roads or equipment |
| flexibility | Good protection – but less flexibility | Very flexible – but with risks |
| My recommendation | Ideal for working from home permanently | Good as a supplement, not ideal as a full replacement |
I am firmly convinced that teleworking is the better choice when it comes to a serious home office solution. Working from home is good – but if it means permanently doing quasi-office work, it's not enough.
Here's how to properly implement teleworking and home office in practice.
From my point of view, you as an employer should proceed as follows:
- Draw up a written agreement for teleworking that regulates scope, technology, workplace design, availability, etc.
- Properly set up your home office: The workplace must meet ergonomic, technical, and data protection requirements.
- The same applies to working from home: Make clear arrangements, e.g., who pays for electricity/internet, who provides the technology, how working hours are regulated.
- Since July 1, 2024, the ASR A6 “Screen Work” (“Technical Rule for Workplaces: Screen Work”) has been in effect – it specifies requirements for screen and teleworking workstations.
- In my experience: Anyone who is sloppy here (e.g., no risk assessment, no instruction) risks accidents or fines.
What are the advantages of teleworking, and what are the advantages of working from home?
Teleworking – Advantages:
- Clearly defined framework conditions and protection for employees
- Employer provides equipment; responsibilities are transparent.
- Examination and risk assessment possible according to ASR A6+
Teleworking – Disadvantages:
- Reduced flexibility – a fixed workplace at home can be restrictive.
- Employer costs: Technology, setup, documentation
Working from home – advantages:
- Maximum flexibility – employees can spontaneously work from home.
- Reduced organizational effort for employers
Working from home – disadvantages:
- Uncertainty: Who bears which costs? Which technology?
- Liability and insurance risks if not properly regulated
- In my opinion: Less suitable for permanent working from home unless teleworking is set up from the outset.
Law, technology, ergonomics
Mandatory levels (to be implemented immediately):
- Risk assessment: Employers must check whether the home office meets the requirements.
- Instruction: Employees must be informed about work equipment, working hours, and health protection.
Recommended (as soon as possible):
- Technical equipment: Height-adjustable desk, ergonomic chair , sufficient lighting. ASR A6 specifies concrete requirements for screen size, seating position, and viewing angle.
- Cost policy: Who pays for furniture, electricity, and internet? In my view, employers should at least set a standard.
Optional, but advantageous:
- Data protection/IT security: VPN, secure connections, no use of public Wi-Fi networks without protection.
- Hybrid models: When employees are partly in the office and partly at home – establish clear rules.
- Insurance: Clarify whether accident insurance applies when working from home or remotely – put this in writing.
Find out which work model suits your everyday life
- Do I work regularly and permanently from home? → Yes → Consider teleworking.
- Does my employer provide the equipment and workplace design? → Yes → Teleworking.
- Do I need a lot of flexibility, but only occasionally work from home? → Working from home may be sufficient.
- Has an agreement been reached, and are the technical and equipment details clear? → If not, then it's best to clearly define home office or teleworking arrangements.
- Have ergonomics, data protection, working hours and costs been regulated? → If all points are met → Teleworking; if not → Home office with clear supplementary agreements.
Conclusion
In my opinion: If you or your company are serious about working from home, then teleworking is the cleanest solution – with clear rules, equipment, and protection. However, for those who prefer a more flexible and phased approach to working from home, home office is sufficient – but they should be aware: it's not the same as teleworking.
Working from home is good – teleworking is better if you are working long-term and professionally.
FAQs
Does the new ASR A6 also apply to home office workplaces?
Yes. Since July 2024, the ASR A6 "Screen Work" standard has specified ergonomic requirements for home office and teleworking. Companies must now check and document seat height, lighting, and screen position.
What costs must the employer cover when working remotely?
When working remotely, the employer provides all necessary equipment and covers a portion of the operating costs (e.g., electricity or internet). For working from home, arrangements are freely negotiable; often the employee bears the costs.
What is "mobile work" and how does it differ from working from home?
Mobile work allows you to work from any location – for example, in a café or on a train. It is not subject to the equipment requirements of teleworking, but must comply with occupational health and safety and data protection regulations.
Sources & further information
https://www.gesetze-im-internet.de/arbst_ttv_2004/__2.html
https://www.baua.de/DE/Angebote/Regelwerk/ASR/ASR-A6.html
https://topeins.dguv.de/recht/vorgaben-fuer-bildschirmarbeit
